Background Briefing

Recommendations

  • Make no further extension of pre-charge detention.
  • Improve safeguards for current 28-day pre-charge detention, including:
    • Broadening judicial scrutiny to include whether reasonable grounds exist to believe the detainee has committed a terrorist offense;
    • Requiring the Director of Public Prosecution to approve all applications for detention beyond seven days.
  • Reject a model of judge-managed investigations that would allow for unlimited pre-charge detention.
  • Relax the ban on using phone tap and other intercept evidence in criminal trials.
  • Narrow the current definition of terrorism to ensure acts aimed at influencing the government are criminalized only where their purpose is to coerce or unduly compel it.